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Philip Morris International Inc. and its subsidiary Swedish Match North America LLC are asking a Connecticut federal judge to dismiss a lawsuit claiming they falsely marketed nicotine pouches as safe and targeted adolescents. In their motion filed Tuesday, Philip Morris argued that the lawsuit is preempted by federal law, as the labeling of their ZYN nicotine pouches is approved by the U.S. Food and Drug Administration (FDA).

Philip Morris Nicotine Pouch Lawsuit : Federal Preemption Argument

Philip Morris contends that the lawsuit, brought by Florida resident Ethan Norris, challenges the FDA-approved labeling of ZYN pouches. The company asserts that under the 2009 Family Smoking Prevention and Tobacco Control Act (TCA), any state-based attempts to impose additional labeling requirements beyond those mandated by the FDA are preempted by federal law. As a result, they argue that Norris' claims, which allege misleading marketing of the nicotine pouches, must be dismissed.

In a separate motion, Swedish Match North America echoed Philip Morris' preemption arguments while also contesting the court’s jurisdiction. Swedish Match argued that, as Norris is a Florida resident who purchased and used the products in Florida, the case has no direct connection to Connecticut.

Philip Morris Nicotine Pouch Lawsuit : Marketing and Fraud Allegations

Norris' lawsuit, filed in July, alleges that Philip Morris and Swedish Match marketed ZYN nicotine pouches to adolescents by promoting them as a healthy alternative to tobacco. The lawsuit claims the companies misled consumers by highlighting the pouches' "food-grade flavorings" and "natural additives," suggesting that they were safe for consumption. Norris further alleges that the companies employed social media influencers to target younger consumers.

Philip Morris, however, countered that Norris’ fraud-based claims lack specificity. The company argues that Norris fails to detail which advertisements he saw, where he saw them, or how he relied on them, making it difficult to respond to the allegations. Moreover, the company asserts that its labeling clearly states that ZYN contains nicotine and that nicotine is an addictive chemical, which they argue is enough to inform a reasonable consumer.

Additional Arguments for Dismissal

Philip Morris also challenged Norris' standing to seek injunctive relief, stating that since Norris now has the information he claims was withheld, he is no longer at risk of being deceived in the future. Furthermore, the company argued that Norris' claims of misleading advertisements promoting "glamour" and "athleticism" do not constitute sufficient grounds to convince a reasonable consumer that the product is safe or healthy.

The company also dismissed claims that ZYN was marketed as an FDA-approved smoking cessation device, stating that none of its marketing materials made such claims.

Next Steps

Philip Morris has urged the court to dismiss the lawsuit entirely, or at the very least, require Norris to provide a more specific complaint. No comments have been made by representatives for either party at this time.

Norris is represented by attorneys from Reardon Scanlon LLP, Bursor & Fisher PA, and Drury Legal LLC. Counsel for the defendants was not immediately available for comment.